Thomas Eugene Creech, a death row inmate, filed a lawsuit under 42 U.S.C. § 1983 alleging that the Ada County Prosecutor's Office, led by Jan Bennetts, introduced fabricated or misleading evidence during his clemency hearing. Creech sought to recuse the presiding U.S. District Judge, Amanda K. Brailsford, arguing that she and Bennetts are close friends who served as co-clerks on the Ninth Circuit decades ago. Although Judge Brailsford denied the motion, stating she had lost touch with Bennetts and that a reasonable person would not question her impartiality, Creech petitioned the Ninth Circuit for a writ of mandamus to force her recusal.
The panel applied the five factors from Bauman v. U.S. Dist. Ct. to determine if mandamus was appropriate. The court focused heavily on the third factor: whether the district court's order was clearly erroneous as a matter of law. Under 28 U.S.C. § 455(a), a judge must disqualify themselves if their impartiality might reasonably be questioned. The court found that Judge Brailsford's longstanding friendship with Bennetts, which included public acknowledgments of their bond and shared lunches, combined with the specific allegations in Creech's complaint that Bennetts engaged in prosecutorial misconduct, created a situation where a reasonable observer would question the judge's impartiality. The court noted that while it was confident Judge Brailsford would act fairly in fact, the appearance of bias was sufficient to require recusal. The court also addressed the first and second Bauman factors, concluding that mandamus was necessary because the district court's power to shape the record on appeal means that a failure to recuse immediately could result in prejudice that is not correctable through a standard direct appeal. The court emphasized that public confidence in the judiciary requires the swift removal of judges who may be perceived as biased.
The case is remanded to the District Court for the District of Idaho for reassignment to a different judge. This decision ensures that the underlying § 1983 action proceeds without the appearance of bias, preserving the integrity of the judicial process. The ruling clarifies that when a judge's friendship with a prosecutor coincides with allegations of misconduct against that prosecutor, the appearance of partiality is sufficient to mandate recusal, even if the judge believes they can remain impartial.
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